State v. McDonald

Tlie opinion of the Court was delivered by

PocnÉ, J.

Under an indictment charging the defendant with an assault with intent to commit murder, and also with inflicting a wound less than mayhem, he was convicted of the latter offense, and his appeal presents two questions embodied in a motion-in arrest of judgment.

1st. His first point is that the indictment is bad for duplicity, as the the two offenses charged therein are not kindred.

It is quite apparent to our minds that the two offenses could grow out of the same act, hence they are kindred, and therefore they could be charged in the same…